For Third Time, Newark Told To Bargain Over Drug Testing

The Newark Police Superior Officers’ Association (SOA) represents supervisors in the Newark Police Department. On March 20, 2018, the New Jersey attorney general issued Law Enforcement Direc­tive 2018-02, implementing statewide mandatory random drug testing for all state, county, and municipal law en­forcement agencies and sworn officers. The directive required all state, county, and municipal law enforcement agencies to “adopt and/or revise their existing drug testing policies” consistent with the…

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Union Can Demand Mid-Term Bargaining On Topic Not Covered By Contract

While its collective bargaining agreement was in effect, the Multnomah County Corrections Deputy Association demanded to bargain over “mandatory safety issues.” When the County refused to negotiate, the Association filed an un­fair labor practice complaint contending a breach of the obligation to bargain in good faith. The County took the position that it had no duty to engage in midterm bargaining where it had not proposed or made any…

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Union Can Demand Mid-Term Bargaining On Topic Not Covered By Contract

While its collective bargaining agreement was in effect, the Multnomah County Corrections Deputy Association demanded to bargain over “mandatory safety issues.” When the County refused to negotiate, the Association filed an unfair labor practice complaint contending a breach of the obligation to bargain in good faith. The County took the position that it had no duty to engage in midterm bargaining where it had not proposed or made any…

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Q & A

From Washington:Question: Can an employer mandate/require an officer to get the COVID-19 vaccine to continue working? Do you see guilds/unions challenging this and how do you see courts ruling? Answer: There’s not a lot of law on whether a mandatory vaccine requirement would be a negotiable topic. The NLRB has some cases that suggest it is negotia­ble, but there’s a case out of California’s PERB that suggests it isn’t….

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The Timing Of A Demand To Bargain

On August 17, 2016, the Orchard Park Police Benevolent Association (PBA) filed an improper practice charge with New York’s Public Employment Relations Board (PERB) alleging that the Town of Orchard Park had committed several unfair labor practices. One of the claims related to the replacement of a paper sign-in system with Kronos, a biometric timekeeping system. The Kronos system requires each employee to submit to a hand scan at…

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Q & A

From New Jersey:Question: As a member of the FOP executive board, my deputy chief told me he is going to change a practice that involves our detectives. Although he did not identify specifics, he wants to rotate our detectives, a practice that we (the FOP) believe he cannot do. We believe our detectives are to be promoted. The question is what would constitute notification? If he says he is…

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